Research


Administrative History

Appraisal of damages was first carried out by a Canal Commissioner and two canal appraisers pursuant to Laws of 1817, Chapter 262; the Revised Statutes of 1829, Part I, Chapter 9, Title 9, Article 3; and Laws of 1836, Chapter 287. The Canal Appraisers began making annual reports in 1849 according to Laws of 1849, Chapter 352. The permanent Board of Appraisers was established by Laws of 1857, Chapter 538, and its procedure clarified by Laws of 1870, Chapter 321. The Board of Canal Appraisers continued until it was replaced by the Board of Claims, set up by Laws of 1883, Chap. 205.

The Board of Claims was abolished and succeeded by the Court of Claims according to Laws of 1897, Chapter 36. Though called a court, the Court of Claims was really a quasi-judicial auditing board. In 1911 (Chapter 856) the Court of Claims was renamed the Board of Claims. Over the next ten years it was known as a board, a court, or a bureau, but its functions remained the same. The Court of Claims was officially reestablished by Laws of 1922, Chapter 922, and continued by Laws of 1939, Chapter 860.

Appeals from awards of damages were taken to the Canal Board pursuant to Laws of 1829, Chapter 368, and Laws of 1868, Chapter 579. the Revised Statutes of 1829, Part 1, Chapter 9, Article 3, Section 55, Chapter 9, Title 9, Article 3, Section 55, also permitted appeals from awards of the Canal Appraisers directly to the Supreme Court. Laws of 1840, Chapter 288, permitted Canal Appraisers' awards in certain water rights cases to be reviewed by the Supreme Court in an action brought by the Attorney General at the request of the Canal Commissioners or the Commissioners of the Canal Fund. Appeals from the Court of Claims are taken to the Appellate Division of the Supreme Court.

All damage claims and supporting documentation filed with the Canal Appraisers, the Board of Claims, and the Court of Claims prior to 1911, along with the original awards, are believed to have been destroyed in the Capitol fire. Copies of damage awards for appropriated lands were recorded by the clerks of the counties where the land lay, pursuant to the Revised Statutes of 1829, Part I, Chapter 9, Article 3, Section 51, as amended and readopted in later statutes.